There are two types of service-connection: Direct and Presumptive There are three requirements to establish direct service-connection for residuals of injuries and diseases; In-service documentation of an injury or disease. A current condition with a medical diagnosis and a medical nexus connecting 1 and 2. “Before November 2000, when the VCAA was enacted, veterans had to … [Read more...] about Establishing Veterans Affairs Service Connection for Disability Compensation
VA disability compensation rates listed below are for calculating your retroactive pay once you win your claim. For example if you were awarded 50% from 1997 to present you will be paid at the 50% rate for the corresponding year. VA Disability Compensation - The VA disability compensation benefit evaluates disability resulting from all types of diseases and … [Read more...] about VA Disability Compensation Rates (Historic for Retro) 1974 – 2004
Today, I want to talk to you about a question that a lot of Veterans ask me: If I get a 100% rating, should I continue fighting the Veterans Affairs for benefits? Let’s jump right into the answer. Many Veterans perceive the 100% rating as the end of the line. The sign of victory over the Hamster Wheel. But….….is it REALLY over when you get to 100%? Well, the hard part sure … [Read more...] about 6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach 100%
Can I apply for VA disability compensation for a disease or injury diagnosed after service? Short Answer Yes you can. Read on. Service connection may be established for a disability resulting from diseases or injuries which are clearly present in service or for a disease diagnosed after discharge from service, when all the evidence, including that pertinent to service, … [Read more...] about Can I apply for VA disability compensation for a disease or injury diagnosed after service?
You've just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It's a legitimate question - rare is the Veteran that finds themselves sitting on the couch eating bon-bons after being rated 100% disabled. Some Veterans like … [Read more...] about Can a 100 percent Disabled Veteran Work and Earn an Income?
I can't work if I'm getting Unemployability, right? No, in fact, unemployability does not always mean that a veteran is not working. The key, however, is that all income earned from employment must be at or below the poverty level, or from a job that is considered to be “sheltered”. These types of marginal employment are not considered as substantially gainful … [Read more...] about Can I work and receive TDIU? Yes, in some cases you can.
Excerpt from Hill and Ponton's What is Post Traumatic Stress Disorder (PTSD) The goal for many veterans is to get to a 100 percent disability rating, but this is not always possible through the rating schedule due to an individual’s particular conditions. But, there is another way to be awarded a 100 percent rating: total disability based on individual unemployability … [Read more...] about Unemployability from Hill and Ponton
VA TL 10-07 below Rescinds VA TL 07-01 | September 14, 2010 | SUBJ: Adjudication of Claims for Total Disability Based on Individual Unemployability (TDIU) PURPOSE Our purpose in issuing this training letter is to revise and clarify our policies and procedures concerning the adjudication of TDIU decisions in order to restore the original intention of the TDIU evaluation – … [Read more...] about Total Disability Ratings Based on Individual Unemployability (IU) – VA Training Letter 10-97 Rescinds Training Letter 07-01
38CFR4 Total Disability Ratings §4.15 Total disability ratings. The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full … [Read more...] about 38CFR4 Total Disability Ratings
Disability Benefits Questionnaire (DBQ) Veterans now have more control over the disability claims process. Veterans have the option of visiting a private health care provider instead of a VA facility to complete their disability evaluation form. Veterans can have their providers fill out any of the more than 70 DBQs that are appropriate for their conditions and submit them … [Read more...] about List By Symptom – VA Disability Compensation
USCAVC Sharp v. Shulkin No. 16-1385 Mr. Sharp, an Army Korean War veteran who suffers from numerous musculoskeletal injuries, argued that Veterans Affairs medical examinations he received were inadequate because the examiner failed to “ascertain adequate information — i.e., frequency, duration, characteristics, severity, or functional loss — regarding his flares by alternative … [Read more...] about Musculoskeletal VA Disability Claims – Sharp v Shulkin May Make Higher Disability Percentage Ratings Possible
When a Veteran starts considering whether or not to file a Veterans Affairs Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog] 1. What benefits … [Read more...] about 14 Questions about VA Disability Compensation Benefits Claims